Collection: Terms & Conditions
These Terms and Conditions (“Terms”) govern your use of the services provided by Firefly Direct T/A Prebuilt Media Wall, a limited company registered under the laws of England and Wales (Company Number 15884104) with registered address at 85 Great Portland Street, London, W1W 7LT Email address sales@prebuiltmediawall.com phone number 0333 303 0956 (“Prebuilt Media Wall”, “we”, “us” or “our”). By using the services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions. If you do not agree with any provision of these Terms and Conditions, you should refrain from accessing or using the services.
1. BASIS OF THESE TERMS
These Terms shall come into effect and be binding upon the Customer upon the purchase or utilization of any of our products or services. By engaging in such a purchase or utilization, the Customer acknowledges and agrees to be bound by these Terms in their entirety. The application of these Terms prevails over any other terms that the Customer may seek to impose, incorporate, or assert, whether expressly or implicitly. These Terms take precedence over any conflicting terms that may be implied by trade, custom, practice, or prior course of dealing. In the event of a conflict between these Terms and any terms put forth by the Customer or any other third party, these Terms shall govern and control the relationship between the parties.
2. SERVICE DESCRIPTION
As part of our diverse product range, we proudly present our custom-crafted media walls. These unique creations exemplify our commitment to tailor-made solutions, featuring meticulously designed TV cut-out sizes, precision-engineered soundbar cut-outs, and a variety of complementary items. Each media wall is a testament to our dedication to delivering personalized and innovative products that seamlessly integrate into your space.
3. PAYMENT TERMS
3.1. Prebuilt Media Wall operates on a payment-in-full basis. All orders must be paid in full prior to dispatch. No goods shall be shipped or delivered until full payment has been received and cleared. If payment is declined or reversed for any reason, your order will not be processed. Evolution Fires reserves the right to cancel any order where fraudulent activity is suspected.
3.2. We accept payments through the following methods:
● Card Payments (processed securely through our payment providers)
● PayPal
● Stripe
● Payl8r (subject to eligibility and approval)
You may select your preferred payment method at checkout. By completing a transaction, you confirm that you are authorised to use the selected payment method.
3.3. For fraud prevention and security purposes, we only ship orders to the billing address registered with the payment card used for the transaction. If the billing and delivery addresses do not match, Evolution Fires reserves the right to cancel the order or request additional verification before processing the shipment.
3.4. Payments processed via PayPal, Stripe, or Payl8r are subject to the respective provider's terms and conditions. Prebuilt Media Wall is not responsible for any delays or issues arising from payment authorisation by these third parties. If you experience payment issues, please contact the relevant payment provider directly.
4. PRODUCT SHIPPING AND DELIVERY
4.1. General Shipping and Delivery Terms
4.1.1. All orders will be shipped using the most appropriate and cost-effective method at the sole discretion of Prebuilt Media Wall. Estimated delivery dates are provided for guidance only and are subject to delays beyond our reasonable control, including but not limited to supply chain disruptions, courier delays, adverse weather, or industrial action.
4.1.2. All in-stock items are typically dispatched on the next business day and delivered within 3 to 5 working days, depending on location.
4.1.3. Made-to-order products, including Media Walls, Wall-Mounted Electric Fireplaces, and Electric Fireplace Suites, require a manufacturing period of approximately 3 to 4 weeks before dispatch. Media Walls require 4 weeks from the confirmation of CAD drawings. Once manufacturing is complete, delivery is typically carried out within 3 to 7 days, depending on location.
4.1.4. Prebuilt Media Wall shall not be liable for any losses arising from delivery delays, including but not limited to loss of income, business, profits, contracts, or anticipated savings.
4.1.5. Customers are strongly advised not to book tradespeople or installation services until they have received and fully inspected all parts of their order. Prebuilt Media Wall shall not be liable for any costs incurred due to premature booking of installation.
4.2. Delivery Process and Conditions
4.2.1. Delivery Notification – Customers will receive an email or text message from the two-person delivery team, confirming their scheduled delivery date and a three-hour delivery slot.
4.2.2. Delivery Location – Deliveries are made to the ground floor only unless expressly agreed otherwise in writing. No deliveries will be made to upper floors, via stairs, or lifts. Customers must ensure that safe and adequate access is available for delivery. If access is unsafe or obstructed, the goods may be left at the nearest secure location, and risk in the goods shall pass to the customer at that point.
4.2.3. Shipping Address Restrictions – We only ship to the billing address where the payment card is registered. Once an order is placed, the shipping address cannot be changed.
4.2.4. Free Delivery Service – We offer free delivery for all products to mainland UK postcodes (ground floor level only). We do not deliver to postcodes beginning with ZE, TR, SR, PO, PH, KW, IV, PA, JE, IM, HS, GY, PH, KA, BT, nor to Northern Ireland, the Isle of Man, or other offshore islands.
4.2.5. Customer Arranged Shipping – If the customer elects to arrange their own shipping or collection, Prebuilt Media Wall bears no responsibility for loss, damage, or insurance coverage once the goods have been transferred to the customer or their appointed courier. Risk in the goods shall pass to the customer at the point of collection or dispatch.
4.3. Delivery Inspection and Reporting Requirements
4.3.1. Signing for Goods – All deliveries must be signed for upon receipt. If no one is available to sign, the delivery may be rescheduled at the courier’s discretion.
4.3.2. Checking the Delivery – Upon receipt, customers must verify that the correct number of parts has been delivered before signing the delivery note. We strongly advise the following checks:
● Package Labels – Each item is labelled with the total number of parts (e.g., "1 of 4"). Customers must count and confirm all parts are present before signing.
● Courier Confirmation – Customers may confirm the number of parts expected via the text message or email sent by the delivery company.
● Driver Confirmation – Customers should ask the delivery driver to confirm how many parts are being delivered.
4.3.3. Missing or Incorrect Parts – If any parts are missing, customers must immediately notify the delivery company using the contact details provided in their confirmation email. Customers may also contact Evolution Fires at sales@prebuiltmediawall.com for further assistance.
4.3.4. Damage Inspection – Before signing the delivery note, customers must inspect all external packaging for visible damage. If any external damage is present, the delivery must be refused, and Evolution Fires must be notified immediately.
4.3.5. Post-Delivery Reporting – Customers must report any damage or discrepancies within 48 hours of delivery. Failure to do so may affect our ability to resolve the issue.
4.3.6. Liability for Transported Items – If the product is moved from the original delivery address (as provided at the time of order) by the customer or a third-party carrier, Evolution Fires accepts no liability for any damage incurred.
4.3.7. Pre-Installation Inspection – Customers must fully inspect all parts before installation. Prebuilt Media Wall will not be held liable for any damages once the product has been installed.
4.4. Product-Specific Delivery Information
4.4.1. Media Walls
● Require 4 weeks for manufacturing from the date CAD drawings are confirmed.
● Delivery is typically completed within 3 to 7 days after manufacturing.
4.4.2. Media Wall Electric Fireplaces
● In-stock models are dispatched on the next business day.
● Expected delivery within 3 to 5 working days.
4.4.3. Wall-Mounted Electric Fireplaces & Electric Fireplace Suites
● Require 3 to 4 weeks for manufacturing before dispatch.
● Customers will receive an email or text message with a 3-hour delivery window when the order is ready for shipping.
5. CANCELLATIONS & NON-DEFECTIVE RETURNS
5.1. General Return Policy
5.1.1. Customers may request a return for electric fireplaces within 14 days of delivery. Requests made after this period will be declined and not refunded.
5.1.2. To initiate a return, customers must obtain a Return Authorization Number (RAN) by contacting our Customer Service at 0333 303 0956 or emailing sales@prebuiltmediawall.com. Returns without an RAN will be refused. The RAN must be clearly written on the outside of the return package.
5.1.3. Customers are responsible for return shipping costs. While Evolution Fires offers free delivery on certain items, this does not extend to return shipments.
5.1.4. If a returned product is missing parts or exhibits damage (including packaging damage), the cost of replacement parts will be deducted from the refund amount. The product must be returned in its original condition and resalable packaging.
5.2. Return Options
Customers may return products using one of the following options:
● Option 1: Return in Person – Customers may return the product to our depot in person. Upon arrival, the goods will be inspected in the customer’s presence. If the product is in its original packaging and resalable condition, a full refund will be processed within 14 days.
● Option 2: Collection by Prebuilt Media Wall – If customers opt for collection, a £130 collection fee will apply, which will be deducted from the refund amount.
5.3. Media Wall Orders & Cancellations
5.3.1. Custom Media Wall Designs – Customers who order a media wall will receive 3D CAD drawings via email. If the order is cancelled after receiving these drawings, a £200 fee will be deducted from the refund to cover design and processing costs. These drawings contain proprietary specifications not publicly available on our website.
5.3.2. Pre-Built Media Walls
● Pre-built media walls include a fixing kit designed for brick walls only. For plasterboard walls, we recommend consulting a qualified builder or professional for installation.
● We can only deliver pre-built media walls to ground floor levels. Flats, stairs, and lifts are excluded.
● Electrical Requirements – Plug sockets must be moved behind the TV, as the media wall sits flush against the wall. Socket locations are provided in the 3D CAD drawings.
5.4. Important Return Conditions
● Customers must inspect their product upon delivery. Any return/exchange requests must be made within 14 days from the date of delivery.
● Damage or missing parts upon return – If the returned unit is damaged or missing components, the cost of the missing parts will be deducted from the refund.
● Returns will only be accepted if the product is in its original condition, with all packaging intact.
6. CUSTOM MADE PRODUCTS
All media walls, wall-mounted fireplaces, and electric fireplace suites, including those with custom TV cut-outs, soundbar cut-outs, and bespoke colour options, are classified as custom-made products. As these items are manufactured to individual specifications, they are exempt from return, exchange, or refund under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which exclude bespoke and made-to-order goods from statutory return rights.
Customers must carefully review all specifications, dimensions, and customisation details before placing an order, as any product that deviates from our standard sizes is strictly non-returnable once production has commenced. By confirming your order, you acknowledge and accept that custom-made products cannot be cancelled, returned, or exchanged.
This policy does not affect your statutory rights in relation to faulty or misdescribed goods. In the event of a manufacturing defect, the issue must be reported within 48 hours of delivery, and we will assess the claim to determine whether a repair or replacement is appropriate.
7. DEFECTIVE MERCHANDISE & WARRANTY POLICY
7.1. Reporting Defects
Customers must contact Evolution Fires immediately upon discovering a defect in their product. When making a warranty claim, the following details must be provided:
● Full name
● Purchase Order number
● Product serial number and model number
● Date of purchase
● Video evidence demonstrating the defect
Upon receipt of a valid claim, Prebuilt Media Wall, at its sole discretion, may:
● Arrange for an engineer to inspect and repair the product on-site,
● Collect the product from the customer’s home for repair at our factory, or
● Provide a replacement product, where deemed appropriate.
7.2. Warranty Coverage
Evolution Fires warrants that its products and related components shall be free from defects in materials and workmanship and shall be fit for purpose for the following defined periods:
7.3. Warranty Exclusions
The following circumstances shall void the warranty, and Evolution Fires shall not be liable for any defects, failures, or damages arising from:
7.3.1. Incorrect installation, including but not limited to blocking airflow vents.
7.3.2. Modification, alteration, or adaptation of the product.
7.3.3. Misuse, maltreatment, or use in a manner inconsistent with its intended purpose.
7.3.4. Repairs conducted by unauthorised third parties that do not meet Evolution Fires’ quality standards.
7.3.5. Improper installation by any party other than Evolution Fires.
7.3.6. Relocation of the product, where in the professional opinion of Evolution Fires, the defect arises from such relocation.
7.3.7. Purchases from unauthorised sellers, including entities not affiliated with Evolution Fires or its authorised partners.
7.3.8. Damage resulting from normal wear and tear.
7.3.9. External causes of damage, including but not limited to:
● Accidents, abuse, misuse, flood, fire, earthquake, or other natural disasters.
● Cosmetic damage, including scratches, dents, and broken plastic components.
● Shipping damage, exposure to tobacco smoke or extreme weather conditions, terrorism, or other force majeure events.
● Failure to follow Evolution Fires' installation and usage instructions.
7.4. Warranty Limitations
Evolution Fires shall not be responsible for any warranties other than those expressly provided herein.
7.5. Limitation of Liability
In no event shall Prebuilt Media Wall be liable or responsible for:
● The expense of removal or reinstallation of defective products.
● Any incidental, consequential, or liquidated damages, including but not limited to loss of use, loss of profits, loss of business, or indirect costs.
● Any third-party products or hardware installed onto or attached to the product after purchase.
● Any damage caused by faulty third-party installation, with repairs and replacements in such cases subject to additional charges.
7.6. Additional Terms
This warranty is non-transferable and applies only to the original purchaser. Any repairs or replacements provided under warranty do not extend the original warranty period.
8. MEDIA WALL ORDERS
8.1. All media wall prices include a 3D CAD drawing for customer approval, created according to the specified dimensions provided at the time of order.
8.2. Drawings shall not be provided to customers who have not placed an order for a media wall. Size specifications are only disclosed after an order has been placed. If a customer chooses not to proceed with an order, a charge of £200 will apply for the drawings, which will be deducted from the refund amount.
8.3. A soundbar cut-out can be added to any media wall at an additional charge of £100. Real logs shown in packages 3, 6, 7, 15, and 16 are not included and can be purchased separately from most local retailers.
8.4. Any adjustments to the height or width of a media wall will be classified as a custom design and will incur an additional charge of £150. Once confirmation of design has been provided by the customer, no further modifications can be made.
8.5. Socket positions will be indicated within the 3D CAD drawings provided. These should be used as a guide only and do not account for individual site conditions.
8.6. If a customer changes their TV size or soundbar size after the drawings have been issued, a new drawing will be required at a cost of £25 + VAT. Any subsequent changes to the media wall’s height or width beyond our standard sizes will be considered a bespoke build, and an additional £200 + VAT will be applied to the total cost.
8.7. All customers who place a media wall order will receive 3D CAD drawings of their media wall. If an order is cancelled after receiving these drawings, a £200 charge will apply, which will be deducted from the refund. This fee reflects the time and resources required to create the customised drawings, which include dimensions and specifications not publicly available on our website.
8.8. Customers must verify their room height before placing an order. Adding a soundbar cut-out will increase the total height of the media wall by the soundbar’s height plus 1 inch. For packages 10, 11, and 12, a soundbar cut-out will increase the product’s height by the soundbar’s height plus 3 ½ inches. Evolution Fires will not be liable for media walls that do not fit inside a customer’s home due to incorrect measurements.
8.9. Pre-built media walls are supplied with a fixing kit designed for brick walls only. As Evolution Fires cannot assess individual property conditions, customers with plasterboard walls should consult a qualified builder or professional for proper installation.
8.10. Pre-built media walls can only be delivered to ground floor level. Flats, stairs, and lifts are excluded from delivery services.
8.11. Plug sockets must be relocated behind the TV, as the media wall is designed to sit flush against the wall. Sockets positioned lower down will not be compatible. Socket placement guidance will be included in the 3D CAD drawings provided.
9. WARRANTY, FAULT REPORTING, AND REPAIRS
9.1. Warranty Coverage
9.1.1. Standard Warranty Periods
● Spectrum Series (models 44, 50, 60, 72, 82) – Orders placed before September 2024 include a one-year warranty (parts and labour). Orders placed from September 2024 onwards include a two-year warranty (Year 1: parts and labour, Year 2: parts only).
● Advance Series (models 1300, 1500, 1800, 2000) – Covered by a two-year warranty (parts and labour).
● Evervue Series (models 60, 72) – Covered by a two-year warranty (parts and labour).
9.1.2. Warranty Limitations
● The warranty applies only to the electric firebox.
● Woodwork is excluded from the warranty.
● The warranty begins on the date of purchase and is non-transferable.
● Warranty claims can only be made by the original purchaser, and proof of purchase is required.
9.2. Fault Reporting and Warranty Claims
9.2.1. If you have purchased directly from Evolution Fires, follow these steps:
a. Complete the troubleshooting guide, ensuring all steps are followed, checked off, and signed.
b. Submit the "Report a Fault" form, available on our website.
c. Our team will respond within 48 hours with a solution.
9.2.2. If you purchased from a trade customer, please contact them directly, and they will liaise with us on your behalf.
9.2.3. For assistance, contact our support team at sales@prebuiltmediawall.com or call 0333 303 0956.
9.3. Engineer Visits
● Engineer visits are scheduled within 1 to 4 weeks, depending on location.
● If a product under warranty is assessed and found to be faulty due to incorrect installation (e.g., blocked airflow vents), a call-out fee will apply.
● Engineers cannot correct installation errors but will advise on necessary remedial steps before further service is provided.
● Before scheduling a visit, we recommend completing the troubleshooting guide to avoid unnecessary call-out charges.
9.4. Warranty Exclusions
The warranty does not cover:
● Damage caused by incorrect installation, including failure to provide sufficient clearance above air vents.
● Modifications, alterations, or unauthorised repairs.
● Theft, tampering, misuse, or neglect.
● Accidental damage, natural disasters, or external factors, including fire, flood, storms, or extreme weather.
● Cosmetic damage, such as scratches, dents, or broken plastic.
● Products installed with unauthorised third-party hardware or accessories.
● Servicing, cleaning, or maintenance tasks.
● Removal of the moulded plug from the electric fire.
9.5. Repaired or Replaced Products
● Repairs or replacements do not extend the original warranty period.
● Any removed or replaced components become the property of Evolution Fires.
● If a replacement product is sent, the faulty unit must be available for collection at the time of delivery.
9.6. Out-of-Warranty Repairs
For appliances outside the warranty period, we offer two options:
● Option 1: Purchase and install replacement parts (must be installed by a qualified electrician).
● Option 2: Request an engineer visit (charges apply based on location). Payment must be made before the visit.
For quotes and assistance, contact support@evolutionfires.com.
9.7. Shipping & Mainland UK Limitations
● We only ship within mainland UK. If a product is shipped outside mainland UK by a trade customer, warranty coverage will only apply to parts—labour will not be covered.
9.8. Important Installation Requirements
● Media wall fires must be installed by a company experienced in media wall construction.
● A minimum 100mm clearance is required above the air vents.
● Do not block airflow vents, as this will cause the fireplace to fail.
● Do not seal the media wall with silicone, as this will reduce airflow and may void your warranty.
9.9. Noise Levels
● The operational noise level of Evolution Fires varies by mode:
○ With heat and fan on: up to 50dB
○ Flame effect only: up to 45dB
● These levels are measured at a 1-meter distance and are within standard operational tolerances.
9.10. General Terms & Legal Compliance
● The warranty is only valid if the product remains with the original purchaser. If the item is installed in a different home, the warranty will no longer apply.
● If a defect is identified, Evolution Fires may, at its sole discretion:
○ Send an engineer to repair the item.
○ Collect the product for repair at our factory.
○ Provide a replacement product.
● The remedies outlined above are the exclusive options available to customers, and Evolution Fires disclaims all other warranties, including any implied warranties of merchantability or fitness for a particular purpose.
● Evolution Fires reserves the right to reject claims or charge for service visits if the defect is due to faulty installation, failure to follow guidelines, or non-compliance with local safety regulations.
9.11. Trade Customer Purchases
If you purchased your product via a trade customer, you must contact them directly for warranty assistance, as they will coordinate with Evolution Fires on your behalf.
9.12. Third-Party Repairs & Unauthorised Work
● Evolution Fires will not reimburse the cost of third-party repairs unless approved in advance.
● The manufacturer’s warranty is void if unauthorised modifications or repairs are made.
9.13. Cancellation of Repaired/Chargeable Services
If a chargeable repair is required during the warranty period, we will provide a quote before proceeding. However, we cannot always confirm costs until the repair is underway, as damage assessments may require component testing.
10. WARRANTY TERMS AND CONDITIONS
10.1. Warranty Eligibility
10.1.1. The Evolution Fires product guarantee commences from the date of purchase and applies only to products purchased from authorised stockists. Products purchased from unauthorised sellers, including unauthorised websites, are not eligible for warranty benefits.
10.1.2. The warranty is valid only while the product remains with the original purchaser. If the item is transferred to a new owner or installed in a different property, the warranty shall no longer apply.
10.1.3. Customers are advised to inspect all products thoroughly before installation. Evolution Fires will not be liable for any product defects or damages identified after installation.
10.2. Warranty Limitations and Exclusions
10.2.1. Evolution Fires reserves the right to reject any claim or charge for any service visit where the defect is determined to be caused by:
● Failure to comply with the installation or servicing instructions.
● Misuse, neglect, or tampering with the product.
10.2.2. The warranty does not cover:
● Third-party repairs or installations unless expressly approved by Evolution Fires before the work is carried out.
● Damage caused by faulty installation, including but not limited to blocking airflow vents and improper installation of media wall fires.
● Theft, tampering, neglect, misuse, or normal wear and tear.
● Accidental damage from fire, flood, explosion, lightning, storms, frost, or other adverse weather conditions.
● Failure to follow the Manufacturer’s Installation Instructions or unauthorised adjustments to the product.
● Servicing, self-maintenance tasks (such as cleaning), and associated costs.
● Consumable items such as glass, screens, bulbs, LED boards, ceramic logs, fuses, and batteries, which are subject to normal wear and tear.
● Loss or damage of remote-control handsets.
● Products stored in damp or unheated environments, which may cause defects.
● Consequential loss, including damage to decorations, furnishings, or other household assets.
● Removal and reinstallation costs.
● The cost of installing frames or woodwork.
10.3. Warranty Claims and Repairs
10.3.1. If a repair is chargeable during the warranty period, Evolution Fires will inform the customer in advance and, where possible, provide an estimate or price guide. However, a firm cost cannot always be determined until the repair process begins, as some faults may only be identified during assessment.
10.3.2. If Evolution Fires replaces a component or product, the removed component or product becomes the property of Evolution Fires.
10.3.3. Repaired or replaced components are covered only for the remainder of the original warranty period and do not extend the warranty duration.
10.3.4. In the event of a product fault occurring during the warranty period, Evolution Fires will:
● Send the appropriate replacement component free of charge to rectify the issue.
● Provide guidance for installation of the replacement part.
10.3.5. All warranty claims must be submitted via email to support@evolutionfires.com. Customers should include proof of purchase and relevant details of the fault.
10.4. Warranty Compliance and Use of Genuine Parts
10.4.1. During the warranty period, only genuine Evolution Fires spare parts must be used for servicing and maintenance. These can be ordered by contacting 0333 303 0956.
10.4.2. Failure to use genuine parts may void the warranty.
11. WARRANTY DISCLAIMER
11.1. No Express or Implied Warranties – Evolution Fires expressly disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. All products are provided on an “as-is” and “as available” basis.
11.2. External Manufacturers’ Warranties – Certain products may include third-party manufacturer warranties. In such cases, all claims or disputes related to these warranties must be addressed directly with the manufacturer, and Evolution Fires bears no responsibility for those warranties.
11.3. Proper Use and Care – This warranty disclaimer does not apply to damages caused by Evolution Fires where legally applicable. However, no claims shall be accepted for damages resulting from:
● Improper use, neglect, or misuse of the product.
● Accidents, modifications, or unauthorised repairs.
● Failure to follow product instructions and care guidelines provided by Evolution Fires.
11.4. Exclusions and Limitations – This warranty disclaimer applies to the fullest extent permitted by applicable law.
12. LIMITATION OF LIABILITY
12.1. General Limitation of Liability
12.1.1. Extent of Liability – Nothing in these Terms shall exclude or limit Evolution Fires’ liability where such exclusion or limitation is prohibited by law, including:
● Liability for death or personal injury caused by negligence.
● Liability for fraud or fraudulent misrepresentation.
● Consumer rights under the Consumer Rights Act 2015, including the right to receive goods that are of satisfactory quality, fit for purpose, and as described.
12.1.2. Maximum Liability Cap – Subject to clause 12.1.1, Evolution Fires' total liability for any claims, whether contractual, tortious (including negligence), statutory, or otherwise, shall not exceed the total purchase price paid for the product in question.
12.2. Exclusions of Indirect and Consequential Losses
12.2.1. Indirect or Consequential Losses – Evolution Fires shall not be liable for any indirect, incidental, or consequential losses, including but not limited to:
● Loss of profits, revenue, business, or goodwill.
● Loss of data or digital content.
● Loss of anticipated savings.
● Business interruption or increased operational costs.
● Losses arising from installation errors, failure to follow instructions, or use contrary to guidance provided by Evolution Fires.
12.2.2. Third-Party Losses – Evolution Fires shall not be liable for any losses, claims, or damages arising from:
● Work undertaken by third parties without prior written authorisation.
● Faulty installation, including blocked airflow vents or improper installation of media wall fires.
● Use of non-approved replacement parts or modifications made by unauthorised technicians.
12.3. Product Use and Compliance
12.3.1. Compliance with Manufacturer Instructions – Customers must follow all installation and operational guidelines provided by Evolution Fires. Any failure to adhere to these instructions may void the warranty and Evolution Fires shall not be liable for resulting damage.
12.3.2. External Manufacturers’ Warranties – Some products may include warranties from third-party manufacturers. In such cases, all warranty claims must be directed to the manufacturer, and Evolution Fires assumes no liability for those warranties.
12.4. Remedies in the Event of a Warranty Claim
12.4.1. In the event of a valid warranty claim, Evolution Fires reserves the right, at its sole discretion, to:
● Repair the product.
● Replace the product with a new or refurbished unit of equivalent specification.
● Refund the purchase price, where repair or replacement is not feasible.
12.4.2. Evolution Fires is not responsible for removal, reinstallation, or associated costs in the event of a warranty claim.
13. INDEMNIFICATION
13.1. Customer Obligation to Indemnify – The customer agrees to indemnify, defend, and hold harmless Evolution Fires, its officers, directors, employees, and affiliates from any and all claims, demands, liabilities, damages, losses, expenses, and costs (including reasonable legal fees) arising from or related to:
● The use, installation, or operation of any product purchased under these Terms.
● Product misuse, negligence, or non-compliance with manufacturer instructions.
● Accidents or injuries resulting from the installation or operation of the product.
● Property damage caused by the product.
● Violations of third-party rights in connection with the product’s use.
13.2. Scope of Indemnification – This indemnification obligation shall apply to the fullest extent permitted by law, and remains valid beyond the expiration or termination of any purchase agreement.
14. OWNERSHIP OF INTELLECTUAL PROPERTY (IP)
14.1. Copyright Protection
All content, design, graphics, logos, images, text, software, and other materials displayed on the Evolution Fires website (the "Content") are protected under the Copyright, Designs and Patents Act 1988 and other applicable UK intellectual property laws.
You are expressly prohibited from:
● Copying, reproducing, distributing, modifying, displaying, publishing, or transmitting any Content from the website without the prior written consent of Evolution Fires.
● Creating derivative works based on any copyrighted materials owned by Evolution Fires.
● Using any of our copyrighted materials for commercial purposes, unless expressly authorised in writing.
Any unauthorised use of copyrighted material may result in legal action, including claims for damages and injunctive relief.
14.2. Trademarks and Brand Identity
14.2.1. Trademark Protection – The Evolution Fires name, logo, trademarks, and brand identifiers are legally protected under UK trademark law, including the Trade Marks Act 1994.
14.2.2. Prohibition on Unauthorised Use – You shall not use, reproduce, or exploit the business name, trademarks, logos, or other brand identifiers of Evolution Fires for any unauthorised purpose, including but not limited to:
● Advertising, marketing, or promotional activities.
● Creating misleading associations or implying endorsement or affiliation.
● Registering similar or identical trademarks without authorisation.
Unauthorised use of Evolution Fires’ trademarks may constitute trademark infringement, which is subject to civil and criminal liability under UK law.
14.3. Enforcement of Intellectual Property Rights
Evolution Fires reserves the right to take all necessary legal action to protect its intellectual property rights, including but not limited to:
● Issuing cease and desist notices to prevent further unauthorised use.
● Seeking damages, compensation, and injunctive relief through civil proceedings.
● Pursuing criminal prosecution where infringement constitutes a criminal offence under the Trade Marks Act 1994 or the Fraud Act 2006.
Unauthorised use or infringement of Evolution Fires’ intellectual property will be subject to enforcement to the fullest extent permitted by UK law.
15. REPORTING DAMAGE / SHIPPING DAMAGES:
15.1 Any visible shipping damage must be reported promptly upon receipt of the product. For damages not immediately apparent (concealed damages), reporting must occur within 7 days of product receipt. Evolution Fires assumes no liability for damages reported beyond this 7-day timeframe.
15.2 Please inspect your product fully before installation for any signs of damage, if the product is damaged in any way do not install the product.
15.3 Evolution Fires accepts no responsibility for damage once the product has been installed.
16. CHANGES TO THESE TERMS
16.1. We reserve the right to modify or update these Terms at any time. Any changes made to these Terms will become effective immediately upon their posting on our platform or other communication channels. It is your responsibility to review these terms periodically for any updates or modifications.
16.2. If you continue to use the Services after any changes to these Terms, it will signify your acceptance of the modified terms. If you do not agree with the updated terms, you may choose to discontinue your use of the Services.
16.3. We may also provide you with notice of any significant changes to these Terms via e-mail or other appropriate means. Such notice will specify the nature of the changes and the effective date. Your continued use of the Services following the receipt of such notice constitutes your agreement to the revised terms.
17. MISCELLANEOUS
These Terms represent the comprehensive and final agreement between you and us regarding the resale of the products. By accepting these Terms, you acknowledge your understanding and agreement to all the terms and conditions stated herein. No other representations or agreements, verbal or written, shall be considered binding unless explicitly incorporated in these Terms. Any modifications to these Terms must be in writing and signed by an authorized representative of Evolution Fires.
18. CONTACT US
Firefly Direct LTD / T/A Prebuilt Media Wall
Company Reg. 15884104
85 Great Portland Street
London
W1W 7LT
Tel: 0333 303 0956
email: sales@prebuiltmediawall.com